KESSLER v. SURGENT

1067, 652156/12.

139 A.D.3d 442 (2016)

29 N.Y.S.3d 179

2016 NY Slip Op 03588

STEVEN L. KESSLER, Doing Business as LAW OFFICES OF STEVEN L. KESSLER, Appellant, v. REGINA SURGENT, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 5, 2016.


Plaintiff satisfied the requirements of CPLR 3016 (f) by setting forth a fully itemized list of unpaid charges. It was therefore incumbent on defendant to deny each specifically in her answer (see O'Callaghan v Republic W. Ins. Co., 269 A.D.2d 114 [1st Dept 2000], lv denied 95 N.Y.2d 758 [2000]). Instead, defendant relied solely on her defense that the retainer agreement was actually meant to be contingent on plaintiff making...

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